Once you have decided to instruct a barrister directly, the next question is how to choose the right one. Through Direct Access, also called Public Access, you can instruct a barrister directly, without going through a solicitor first. That means the choice is yours to make, which is reassuring but can also feel daunting.
This article sets out practical things to consider so you can choose with confidence, whatever your legal problem.
Start with the right area of law
Barristers tend to specialise. A barrister who spends their time on employment disputes will not necessarily be the right person for a family or property matter. The first filter, then, is finding someone whose practice covers your type of problem.
Most barristers describe their areas of practice clearly, often listing the kinds of cases and issues they handle. Look for a genuine match with your situation rather than a general statement that they cover a broad field.
If you are unsure which area your problem falls into, describe it plainly in your enquiry. A clerk or barrister can usually point you towards the right specialism.
Check experience and suitability
It helps to look for someone with relevant experience of matters like yours. Consider:
- The areas of law the barrister focuses on.
- The types of work they typically do, such as advisory work, drafting or advocacy.
- Whether they offer Direct Access for the kind of help you need.
Barristers who offer Direct Access have completed the Bar Standards Board’s approved public access training, which covers working directly with clients. All barristers in England and Wales are regulated by the Bar Standards Board (BSB), so you can expect professional standards to apply whoever you choose.
When you make contact, the barrister will assess whether your matter is suitable for Direct Access. If it is not, they should tell you and may suggest involving a solicitor. That candour is a good sign, not a setback.
Be clear about what you need
Knowing what you want from a barrister makes it far easier to choose well. Are you looking for a written opinion on your options? A document drafted or checked? Representation at a hearing? Or ongoing help across several stages?
The clearer you are, the easier it is for a barrister to tell you whether they can help and how. It also helps them give you a sensible idea of cost, because the scope of the work is defined from the start.
If you are not sure what you need, that is fine. You can ask the barrister to advise on the most sensible next step, which may itself be a small, defined piece of work.
Understand how they charge
Barristers set their own fees. For Direct Access work, many offer a fixed fee for a defined piece of work, such as an advice, a document or a hearing. A fixed fee tells you the cost before you commit, which makes budgeting easier.
When discussing fees, it is reasonable to ask:
- What is included in the fee and what is not.
- Whether the work is offered at a fixed fee or charged in another way.
- What might change the cost, for example if the matter becomes more complex.
- When payment is due.
A good barrister will be transparent about all of this in their client care information before you instruct them.
Questions worth asking
Before you decide, a short conversation or exchange of emails can tell you a lot. You might ask:
- Do you handle matters like mine, and how often?
- Is my matter suitable for Direct Access?
- What would the work involve, and roughly how long might it take?
- How do you prefer to communicate, and how quickly do you usually respond?
- What would you need from me to get started?
The answers will help you judge not only their expertise but also whether you feel comfortable working with them.
Trust your sense of the working relationship
Legal matters can be stressful, and you will often need to share sensitive information. It matters that you feel listened to and that explanations are given in plain language you can follow.
If a barrister takes the time to understand your problem, explains your options clearly and is straightforward about cost and suitability, that is usually a strong foundation for a good working relationship.
Conclusion
Choosing a Direct Access barrister comes down to matching the right specialism to your problem, checking relevant experience, being clear about what you need and understanding how you will be charged. Take the time to ask questions and to gauge how comfortable you feel. This article is general information rather than legal advice on any particular case, but approaching the choice in this structured way should help you instruct with confidence.
This article is general information about the law in England and Wales, not legal advice on your individual circumstances. For advice on your matter, instruct a barrister. Barristers are regulated by the Bar Standards Board (BSB).